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2023 Supreme(Del) 618

CHANDRA DHARI SINGH
Ircon International Ltd. – Appellant
Versus
Afcons Infrastructure Ltd. – Respondent


Advocate Appeared:
Mr. Narender Hooda, Sr. Advocate with Mr. Shaurya, Mr. Sidhant Goel, Mr. Shubham Shankar Saxena, Mr. Karmany Dev Sharma and Mr. Anvit Seemansh, Advocates, Mr. Manu Seshadri and Ms. Pallavi Anand, Advocates

JUDGMENT :

CHANDRA DHARI SINGH, J.

The instant petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter “The Act, 1996”) has been filed on behalf of the petitioner seeking the following reliefs:

    “a. Set aside the impugned Award dated 05.03.2019 passed by the Ld. Arbitral Tribunal and dismiss the claim of the petitioner herein qua the respondent herein;

b. Stay the execution, operation and implementation of the Impugned Award dated 05.03.2019 passed by the Ld. Arbitral Tribunal during the pendency of the present petition;

c. Pass ad-interim relief in terms of prayer clause ‘b’ above;

d. Cost of the proceedings may also be awarded in favour of the petitioner;

e. Pass such other or further orders as this Hon'ble Court may just deem fit and proper in the facts and circumstances of the present case.”

FACTUAL MATRIX

2. The petitioner is a Government Company incorporated by the Central Government (Ministry of Railway) under the Companies Act, 1956 on 26th April 1976, originally under the name of Indian Railway Construction Limited, having its registered office at Pa

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